JAYABEN DEVSHUIBHAI CHOTANI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have preferred the present Special Civil Application under Article 226 of the Constitution of India for an appropriate direction, writ or order quashing and setting aside the decision of respondent No.3.- Town Planning Officer of allotting Final Plot No. 635 admeasuring 21.90 Sq.Mts. forming out of original Plot No. 657 carved out of City Survey No. 3061 paiki bearing old Municipal Census No. 627/1, Chalta No. 141, City Survey No. 125 situated in Old Anjar Municipality Ward No.8 which is now given Municipal Property No. 1057 situated in Anjar Municipal Ward No.3(new) to any other person other than petitioner No.1 herein. It is also prayed for directing respondent No.3- Town Planning Officer to hold an inquiry as regards the ownership of the aforesaid property. It is also further prayed for directing respondent No.3 Town Planning Officer to allot aforesaid Final Plot No. 635 to the petitioner.

(2.) The dispute is with regard to land admeasuring 21.90 Sq.Mts. forming part out of the original Plot No.657 carved out of City Survey No. 3061 paiki situated in old Anjar Municipality Ward No.8. The petitioners' claim to be the owner of the said land/property, which according to them they have purchased from one Shri Palabhai Ramabhai under the registered document of sale registered at Sr.No. 121 on 08.01.1998.

(3.) That after the devastating earthquake on 26.01.2001 due to which people were buried in the debris of the buildings and of narrow streets, the Government decided to constitute a special planning for the walled areas of Anjar under the Gujarat Town Planning and Urban Development Act, 1976 ("the Act" for short). That by notification dated 09.05.2001 Anjar Area Development Authority ("AADA" for short) was constituted and a declaration of intention to prepare draft Town Planning Scheme Nos. 1 to 4 was published as required under the provisions of the Act and the Gujarat Town Planning and Urban Development Rules, 1976 ("the Rules" for short), and after following the required procedure as required under the provisions of the Act, i.e. a declaration of intention to prepare draft Town Planning Scheme, preparation of preliminary Town Planning Scheme, Town Planning Scheme No.1, Anjar came to be sanctioned and plots came to be reconstituted. It is required to be noted that property registered card Survey No. 3061 Paiki with the original Plot No. 657 belongs to the Government as per the revenue records. Thus, in the revenue records, the name of Government is mentioned as owner of the aforesaid land. Original Plot No. 657 carved out of Survey No. 3091 paiki has been reconstituted and the entire land bearing City Survey No. 3061 is reconstituted and reallocated as Final Plot No. 635 inclusive of lands claimed by the petitioners. Being aggrieved and dissatisfied with the decision of the respondents more particularly respondent No.3 Town Planning Officer of allotting Final Plot No. 635 admeasuring 21.90 Sq.Mts. forming out of original plot No. 657 carved out of City Survey No. 3061 paiki bearing old Municipal Census No. 627/1 under the finalized sanctioned Town Planning Scheme No.1, Anjar the petitioners have preferred the present Special Civil Application under Article 226 of the Constitution of India.